A Study On The Perfection Of Punitive Compensation System In China 's Consumer Protection Law

The system of punitive damages originated in common law, then gradually expand to other countries, including the countries of continental law system is also widely used. Punitive damages are damages and compensatory damages relative concept, mainly refers to a system of civil compensation in the amount of compensation for the court verdict the infringement bear higher than actual damage caused by the infringement of the amount of. It is not the compensation for damages suffered by the plaintiff, but to punish and deter wrongdoing and got a sum in damages awarded to the plaintiff, can make up for the victim to spend during the litigation attorney’s fees, time and energy on the pay and other indirect loss.In the past twenty years, involved in product quality dispute of consumer rights and claim for compensation, punitive damages system receives more and more attention in the field of our country law, promulgated in 1993, "consumer protection law" in article forty-ninth established the system of punitive damages in 2014,55 new"consumer protection law" of the amendment and consummation the establishment of the system of penalty compensation reflects on consumer tilt protection concept, because of this system is to punish and deter the containment, and other functions, can effectively punish the illegal operators, the interests of the majority of the victims, has important significance.By using the method of history research, formulated the history of the punitive compensation system, based on the methodology of jurisprudence, analysis of punitive damages in the field of consumer protection application, properties and function etc; By comparison with foreign and other related legislation and the legislation in our country at the same point and different point, draw lessons from foreign advanced legislative experience, make up for the lack of relevant legislation in our country.from the application of punitive damages in China’s conditions, the definition of the concept, standard of compensation, improve the compensation mechanism and supervision mechanism to put forward their own proposals in five aspects, in order to improve the relevant legislation, and the feasibility of the proposed design of the system of punitive system, protecting the legitimate rights and interests of consumers.